NY State Senate Bill 2025-S6377

Senate Bill S6377

2025-2026 Legislative Session

Requires Medicaid to cover gender-affirming care regardless of federal funding; prohibits discriminatory practices by health care entities and insurers; relates to coverage for treatment for gender dysphoria

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2025	print number 6377a
Jun 03, 2025	amend (t) and recommit to health
Mar 12, 2025	referred to health

Bill Amendments

Original

A (Active)

2025-S6377 - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L; add §296-e, Exec L; amd §§3243, 4303, 3221 & 3216, Ins L

2025-S6377 - Summary

Requires Medicaid to cover gender-affirming care regardless of federal funding; prohibits discriminatory practices by health care entities including hospitals, certain professionals, and insurers; requires insurance coverage for services or treatments for gender dysphoria or gender incongruence.

2025-S6377 - Sponsor Memo

                                 
BILL NUMBER: S6377

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring Medi-
caid to cover gender-affirming care regardless of federal funding; and
to amend the executive law, in relation to prohibiting discriminatory
practices by health care entities

 
PURPOSE:

This legislation will ensure Medicaid covers the cost of gender-affirm-
ing care in the absence of federal funding and provides individuals
seeking gender-affirming care with protections against discrimination.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision 2 of section 365-a of the social services
law by adding a new paragraph (nn).

Section two amends the executive law by adding a new section 296-e.

Section three establishes the effective date.

 
JUSTIFICATION:

Access to gender-affirming care is crucial for the health and well-being
of transgender and gender-nonconforming individuals.  However, recent
executive orders by the Trump administration have sought to decimate
access to care by ending federal funding to healthcare facilities that
provide such care to patients 19 years of age and younger.

Gender-affirming care extends far beyond surgery and includes ordinary
care like hormone replacement therapy, mental health counseling and
voice therapy. This type of care has routinely been covered by Medicaid
but is now vulnerable to changes given the new federal administration.
Medical providers have long relied on federal funding to provide care to
the millions of New Yorkers on Medicaid, but threats of losing funding
for providing certain types of care creates a precarious situation where
essential healthcare can be jeopardized by shifting political land-
scapes.

Given that transgender and gender non-conforming people continue to face
discrimination in accessing care based on their gender identity, this
bill will also bar discrimination in healthcare settings on the basis of
a person's status as a member of a protected class. These protections
will ensure no person is denied care based on their gender identity,
sexual orientation, disability or status as a member of any other
protected class.

This legislation is essential to protecting the health, well-being and
civil rights of transgender and gender-nonconforming individuals in New
York State. By addressing gaps in current law and increasing protections
against discrimination, New York State can ensure that all people,
regardless of gender identity or expression, will continue to have
access to the healthcare they need.

 
PRIOR LEGISLATIVE HISTORY:
New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
90 days.

2025-S6377 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6377
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 AN ACT to amend the social services law, in relation to requiring  Medi-
   caid to cover gender-affirming care regardless of federal funding; and
   to  amend the executive law, in relation to prohibiting discriminatory
   practices by health care entities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding a new paragraph (nn) to read as follows:
   (NN) ALL  MEDICALLY  NECESSARY  GENDER-AFFIRMING  CARE  REGARDLESS  OF
 WHETHER ANY FEDERAL FUNDS ARE AVAILABLE FOR SUCH COVERAGE.
   §  2.  The  executive  law is amended by adding a new section 296-e to
 read as follows:
   § 296-E. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO HEALTH CARE.
 1. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM  "HEALTH  CARE  ENTITY"
 MEANS:
   (A)  A HOSPITAL OR PROVIDER AS DEFINED BY SECTION TWENTY-EIGHT HUNDRED
 ONE OF THE PUBLIC HEALTH LAW;
   (B) A PROFESSIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE,  ONE
 HUNDRED  THIRTY-ONE-B, ONE HUNDRED THIRTY-ONE-C, ONE HUNDRED THIRTY-TWO,
 ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-FOUR, ONE  HUNDRED  THIRTY-
 SIX,  ONE  HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A, ONE HUNDRED
 THIRTY-NINE, ONE HUNDRED  FORTY,  ONE  HUNDRED  FORTY-ONE,  ONE  HUNDRED
 FORTY-THREE,  ONE  HUNDRED  FORTY-FOUR,  ONE  HUNDRED  FIFTY-THREE,  ONE
 HUNDRED FIFTY-SEVEN, ONE HUNDRED SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, OR
 ONE HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW; OR
   (C) AN ISSUER OR PROVIDER OF COVERAGE FOR HEALTH INSURANCE, AS DEFINED
 BY SECTION SEVEN THOUSAND SEVEN HUNDRED FIVE OF THE INSURANCE LAW.
   2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY HEALTH CARE
 ENTITY TO REFUSE SERVICES  OR  TO  OTHERWISE  DISCRIMINATE  AGAINST  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09201-02-5

 S. 6377                             2
 
 PERSON  ON  THE BASIS OF SUCH PERSON'S AGE, RACE, CREED, COLOR, NATIONAL
 ORIGIN, CITIZENSHIP OR IMMIGRATION STATUS,  SEXUAL  ORIENTATION,  GENDER
 IDENTITY  OR  EXPRESSION, MILITARY STATUS, SEX, DISABILITY, PREDISPOSING
 GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR STATUS AS A
 VICTIM OF DOMESTIC VIOLENCE.
   § 3. This act shall take effect immediately.

2025-S6377A (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Social Services Law
Laws Affected:: Amd §365-a, Soc Serv L; add §296-e, Exec L; amd §§3243, 4303, 3221 & 3216, Ins L

2025-S6377A (ACTIVE) - Summary

2025-S6377A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6377A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the social services law, in relation to requiring Medi-
caid to cover gender-affirming care regardless of federal funding; to
amend the executive law, in relation to prohibiting discriminatory prac-
tices by health care entities; and to amend the insurance law, in
relation to prohibiting discriminatory practices by insurers and to
coverage for treatment for gender dysphoria or gender incongruence

 
PURPOSE:

This legislation will ensure Medicaid covers the cost of gender-affirm-
ing care in the absence of federal funding and provides individuals
seeking gender-affirming care with protections against discrimination.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision 2 of section 365-a of the social services
law by adding a new paragraph (nn).

Section two amends the executive law by adding a new section 296-e.

Section three amends the section heading and the opening paragraph and
paragraphs 4, 7 and 8 of subsection (a) of section 3243 of the insurance
law, as added by section 2 of subpart D of part J of chapter 57 of the
laws of 2019, are amended and four new paragraphs 9, 10, 11 and 12 are
added.

Section four amends section 4303 of the insurance law is amended by
adding a new 53 subsection (ww).

Section five amends subsection (k) of section 3221 of the insurance law
is amended by adding a new paragraph 24.

Section six amends Subsection (i) of section 3216 of the insurance law
is amended by adding a new paragraph 41

Section seven establishes the effective date

 
JUSTIFICATION:

Access to gender-affirming care is crucial for the health and well-being
of transgender and gender-nonconforming individuals.  However, recent
executive orders by the Trump administration have sought to decimate
access to care by ending federal funding to healthcare facilities that
provide such care to patients 19 years of age and younger.

Gender-affirming care extends far beyond surgery and includes ordinary
care like hormone replacement therapy, mental health counseling and
voice therapy. This type of care has routinely been covered by Medicaid
but is now vulnerable to changes given the new federal administration.
Medical providers have long relied on federal funding to provide care to
the millions of New Yorkers on Medicaid, but threats of losing funding
for providing certain types of care creates a precarious situation where
essential healthcare can be jeopardized by shifting political land-
scapes. By also mandating Medicaid coverage for gender-affirming care,
this bill prevents insurers from denying coverage based on federal poli-
cy shifts or discriminatory practices.

Given that transgender and gender non-conforming people continue to face
discrimination in accessing care based on their gender identity, this
bill will also bar discrimination in healthcare settings on the basis of
a person's status as a member of a protected class. These protections
will ensure no person is denied care based on their gender identity,
sexual orientation, disability or status as a member of any other
protected class.

This legislation is essential to protecting the health, well-being and
civil rights of transgender and gender-nonconforming individuals in New
York State. By addressing gaps in current law and increasing protections
against discrimination, New York State can ensure that all people,
regardless of gender identity or expression, will continue to have
access to the healthcare they need.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
90 days.

2025-S6377A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6377--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 12, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the social services law, in relation to requiring Medi-
   caid to cover gender-affirming care regardless of federal funding;  to
   amend  the  executive  law,  in relation to prohibiting discriminatory
   practices by health care entities; and to amend the insurance law,  in
   relation  to  prohibiting  discriminatory practices by insurers and to
   coverage for treatment for gender dysphoria or gender incongruence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 365-a of the social services law
 is amended by adding a new paragraph (oo) to read as follows:
   (OO) ALL  MEDICALLY  NECESSARY  GENDER-AFFIRMING  CARE  REGARDLESS  OF
 WHETHER ANY FEDERAL FUNDS ARE AVAILABLE FOR SUCH COVERAGE.
   §  2.  The  executive  law is amended by adding a new section 296-e to
 read as follows:
   § 296-E. UNLAWFUL DISCRIMINATORY PRACTICES IN RELATION TO HEALTH CARE.
 1. FOR THE PURPOSES OF THIS  SECTION,  THE  TERM  "HEALTH  CARE  ENTITY"
 MEANS:
   (A)  A HOSPITAL OR PROVIDER AS DEFINED BY SECTION TWENTY-EIGHT HUNDRED
 ONE OF THE PUBLIC HEALTH LAW; INCLUDING THOSE  DEFINED  IN  SECTION  TWO
 HUNDRED NINETY-TWO OF THIS ARTICLE; OR
   (B)  A PROFESSIONAL LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE
 HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-ONE-C, ONE HUNDRED  THIRTY-TWO,
 ONE  HUNDRED  THIRTY-THREE, ONE HUNDRED THIRTY-FOUR, ONE HUNDRED THIRTY-
 SIX, ONE HUNDRED THIRTY-SEVEN, ONE HUNDRED THIRTY-SEVEN-A,  ONE  HUNDRED
 THIRTY-NINE,  ONE  HUNDRED  FORTY,  ONE  HUNDRED  FORTY-ONE, ONE HUNDRED
 FORTY-THREE,  ONE  HUNDRED  FORTY-FOUR,  ONE  HUNDRED  FIFTY-THREE,  ONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09201-08-5
 S. 6377--A                          2

 
 HUNDRED FIFTY-SEVEN, ONE HUNDRED SIXTY-THREE, ONE HUNDRED SIXTY-FOUR, OR
 ONE HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW; OR
   (C) AN ISSUER OR PROVIDER OF COVERAGE FOR HEALTH INSURANCE, AS DEFINED
 BY SECTION SEVEN THOUSAND SEVEN HUNDRED FIVE OF THE INSURANCE LAW.
   2. IT SHALL BE AN UNLAWFUL DISCRIMINATORY PRACTICE FOR ANY HEALTH CARE
 ENTITY  TO  REFUSE  SERVICES  OR  TO  OTHERWISE DISCRIMINATE AGAINST ANY
 PERSON ON THE BASIS OF SUCH PERSON'S AGE, RACE, CREED,  COLOR,  NATIONAL
 ORIGIN,  CITIZENSHIP  OR  IMMIGRATION STATUS, SEXUAL ORIENTATION, GENDER
 IDENTITY OR EXPRESSION, MILITARY STATUS, SEX,  DISABILITY,  PREDISPOSING
 GENETIC CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS, OR STATUS AS A
 VICTIM OF DOMESTIC VIOLENCE.
   § 3. The section heading and the opening paragraph and paragraphs 4, 7
 and  8  of subsection (a) of section 3243 of the insurance law, as added
 by section 2 of subpart D of part J of chapter 57 of the laws  of  2019,
 are  amended  and four new paragraphs 9, 10, 11 and 12 are added to read
 as follows:
   Discrimination because of RACE, NATIONAL ORIGIN, AGE, DISABILITY,  sex
 or marital status in hospital, surgical or medical expense insurance.
   With  regard  to an accident and health insurance policy that provides
 hospital, surgical, or medical expense coverage or a policy  of  student
 accident  and  health insurance, as defined in subsection (a) of section
 three thousand two hundred forty of this article,  delivered  or  issued
 for  delivery  in  this  state, no insurer shall because of RACE, COLOR,
 CREED, NATIONAL ORIGIN, sex,  marital  status,  DISABILITY,  PREEXISTING
 CONDITION,  or based on pregnancy, false pregnancy, termination of preg-
 nancy, or recovery therefrom, childbirth or related medical conditions:
   (4) insert in the policy  any  condition,  or  make  any  stipulation,
 whereby  the  insured binds [his or herself] THEMSELVES, or [his or her]
 SUCH INSURED'S heirs, executors, administrators or  assigns,  to  accept
 any  sum or service less than the full value or amount of such policy in
 case of a claim thereon except such conditions and stipulations  as  are
 imposed upon others in similar cases; and any such stipulation or condi-
 tion so made or inserted shall be void;
   (7)  fix  any lower rate or discriminate in the fees or commissions of
 insurance agents or insurance brokers for writing  or  renewing  such  a
 policy; [or]
   (8) engage in sexual stereotyping[.];
   (9)  INCLUDE  A POLICY CLAUSE THAT PURPORTS TO DENY, LIMIT, OR EXCLUDE
 COVERAGE BASED ON AN INSURED'S SEXUAL ORIENTATION,  GENDER  IDENTITY  OR
 EXPRESSION, OR TRANSGENDER STATUS;
   (10) DENY, LIMIT, OR OTHERWISE EXCLUDE MEDICALLY NECESSARY SERVICES OR
 TREATMENT  OTHERWISE COVERED BY A POLICY ON THE BASIS THAT THE TREATMENT
 IS FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE; PROVIDED FURTHER THAT AN
 INSURER SHALL PROVIDE AN INSURED  WITH  THE  UTILIZATION  REVIEW  APPEAL
 RIGHTS  REQUIRED  BY INSURANCE LAW AND PUBLIC HEALTH LAW ARTICLES 49 FOR
 GENDER DYSPHORIA OR GENDER INCONGRUENCE TREATMENT THAT IS  DENIED  BASED
 ON MEDICAL NECESSITY;
   (11)  DESIGNATE  AN  INSURED'S  SEXUAL ORIENTATION, GENDER IDENTITY OR
 EXPRESSION, OR TRANSGENDER STATUS AS A PRE-EXISTING  CONDITION  FOR  THE
 PURPOSE OF DENYING, LIMITING, OR EXCLUDING COVERAGE; OR
   (12)  DENY  A CLAIM FROM AN INSURED OF ONE GENDER OR SEX FOR A SERVICE
 THAT IS TYPICALLY OR EXCLUSIVELY PROVIDED TO AN  INDIVIDUAL  OF  ANOTHER
 GENDER  OR  SEX UNLESS THE INSURER HAS TAKEN REASONABLE STEPS, INCLUDING
 REQUESTING ADDITIONAL INFORMATION, TO DETERMINE WHETHER THE  INSURED  IS
 ELIGIBLE FOR THE SERVICES PRIOR TO DENIAL OF SUCH CLAIM.
 S. 6377--A                          3
 
   §  4.  Section  4303  of  the insurance law is amended by adding a new
 subsection (ww) to read as follows:
   (WW)(1)  EVERY  POLICY  WHICH  PROVIDES HOSPITAL, SURGICAL, OR MEDICAL
 COVERAGE SHALL PROVIDE MEDICALLY NECESSARY SERVICES OR TREATMENT  OTHER-
 WISE  COVERED  BY A POLICY ON THE BASIS THAT THE TREATMENT IS FOR GENDER
 DYSPHORIA OR GENDER INCONGRUENCE.
   (2) COVERAGE FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE SHALL NOT  BE
 SUBJECT  TO  ANNUAL  DEDUCTIBLES  OR COINSURANCE, INCLUDING CO-PAYMENTS,
 UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN AS DEFINED IN SECTION
 223(C)(2) OF THE INTERNAL REVENUE CODE OF 1986, IN WHICH  CASE  COVERAGE
 FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE MAY BE SUBJECT TO THE PLAN'S
 ANNUAL DEDUCTIBLE.
   § 5. Subsection (k) of section 3221 of the insurance law is amended by
 adding a new paragraph 24 to read as follows:
   (24)  (A)  EVERY  POLICY WHICH PROVIDES HOSPITAL, SURGICAL, OR MEDICAL
 COVERAGE SHALL ALSO PROVIDE COVERAGE FOR MEDICALLY NECESSARY SERVICES OR
 TREATMENTS FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE THAT  ARE  OTHER-
 WISE COVERED BY THE POLICY.
   (B) COVERAGE FOR THE TREATMENT OF GENDER DYSPHORIA OR GENDER INCONGRU-
 ENCE  SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE, INCLUD-
 ING CO-PAYMENTS, UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH  PLAN  AS
 DEFINED  IN  SECTION  223(C)(2) OF THE INTERNAL REVENUE CODE OF 1986, IN
 WHICH CASE COVERAGE FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE  MAY  BE
 SUBJECT TO THE PLAN'S ANNUAL DEDUCTIBLE.
   § 6. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 41 to read as follows:
   (41)(A)  EVERY  POLICY  WHICH  PROVIDES HOSPITAL, SURGICAL, OR MEDICAL
 COVERAGE SHALL ALSO PROVIDE COVERAGE FOR MEDICALLY NECESSARY SERVICES OR
 TREATMENTS FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE THAT  ARE  OTHER-
 WISE COVERED BY THE POLICY.
   (B)  COVERAGE FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE SHALL NOT BE
 SUBJECT TO ANNUAL DEDUCTIBLES  OR  COINSURANCE,  INCLUDING  CO-PAYMENTS,
 UNLESS THE POLICY IS A HIGH DEDUCTIBLE HEALTH PLAN AS DEFINED IN SECTION
 223(C)(2)  OF  THE INTERNAL REVENUE CODE OF 1986, IN WHICH CASE COVERAGE
 FOR GENDER DYSPHORIA OR GENDER INCONGRUENCE MAY BE SUBJECT TO THE PLAN'S
 ANNUAL DEDUCTIBLE.
   § 7. This act shall take effect immediately.

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